[2024] KEHC 11610 (KLR)
The court found that the applicant's request to have the period spent in custody considered in his sentence was not supported by sufficient or authentic documentary evidence. The annexed documents were incomplete and did not include the warrant of commitment or full proceedings to verify the applicant's claims. The...
Source-derived case information.
- Citation
- [2024] KEHC 11610 (KLR)
- Parties
- Applicant: Joseph Agutu Obala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E168 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sentencing Review, Custodial Period Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Agutu Obala
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period spent in custody prior to conviction should be considered in the applicant's sentence.
- 2 Whether the application is supported by sufficient documentary evidence.
Ratio Decidendi
The court found that the applicant's request to have the period spent in custody considered in his sentence was not supported by sufficient or authentic documentary evidence. The annexed documents were incomplete and did not include the warrant of commitment or full proceedings to verify the applicant's claims. The court concluded that the application was unsubstantiated and dismissed it accordingly.
Court Disposition
application dismissed
Orders
- The application to have the period spent in custody considered is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Obala v Republic (Miscellaneous Criminal Application E168 of 2024) [2024] KEHC 11610 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11610 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E168 of 2024
RE Aburili, J
September 26, 2024
Between
Joseph Agutu Obala
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Kisumu Chief Magistrate’s Court Criminal Sexual Offences Case No. 18 of 2016)
Ruling
1. The Applicant Joseph Agutu Obala was convicted vide Kisumu CM Criminal Case No. 18 of 2016 with the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act.
2. It is not clear what sentence was imposed as the warrant of commitment to prison is not annexed. He claims that he appealed vide HCCRA No. 116 of 2018 and that 75 years’ imprisonment was substituted to 20 years’ imprisonment.
3. That he spent 1 year and 6 months in custody before he was granted bond on 19th July 2018 from 12th July 2016. However, full proceedings have not been annexed to confirm that position.
4. He has only annexed a charge sheet, the plea date and a portion where his surety was approved.
5. That in my view is being mischievous as such patched up criminal record could have been doctored to his advantage.
6. I find the application to have the period spent in custody considered is not supported. It is dismissed and this file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE